Kinder Morgan

Kinder Morgan is looking to expand the Trans Mountain Pipeline that runs through our land.

TRANS MOUNTAIN PIPELINE: THE BASICS

What is it?

The existing Trans Mountain Pipeline CARRIES OIL FROM ALBERTA TO BURNABY, where it is shipped to markets in the USA and overseas. Kinder Morgan wants to ADD A SECOND PIPELINE, nearly tripling the amount of oil it can transport.

Then: The original Trans Mountain Pipeline WENT INTO SERVICE IN 1953. There was little consultation with LNIB and virtually no compensation for LNIB or other First Nations who lived in the territories the line passed through.

Now: Today, our people have a far GREATER SAY in the development of the proposed Trans Mountain Expansion Project than we did in the 1950s. One way to exercise this influence is through negotiating an agreement in which Kinder Morgan agrees to provide our people with well thought-out and lasting BENEFITS TO OUR PEOPLE in exchange for having the line cross OUR TERRITORY, and in which Kinder Morgan is forced to PROTECT our land, our environment, our values and our sacred areas.

If our people decide to pursue an agreement, Kinder Morgan would have to follow terms and conditions that we set out when they wish to expand their pipeline. (A negotiated final agreement could serve to assert and champion our title, rights, and jurisdiction over our territory; it would only be reached through consultation with our members.)

WHAT’S IMPORTANT TO US?

We have listened to MEMBERS’ CONCERNS about the project:

  • WATER: Protection of groundwater, rivers, lakes, and their wildlife
  • LAND: Protection construction and from potential spills
  • HEALTH AND WELLBEING: Preserving our community’s physical and social health during construction and operation
  • SINCERE PARTICIPATION: Industry and government must genuinely listen to LNIB voices, and act on those concerns
  • POTENTIAL BENEFITS: There must be major benefits as well as economic opportunities for the whole community

WHAT ARE SOME POSSIBLE IMPACTS OF A POTENTIAL PIPELINE EXPANSION?

In 2013, there was a small leak in the Trans Mountain Pipeline within traditional LNIB territory. Understanding some of the risks of any future developments to the pipeline is important.

In our territory

  • The pipeline crosses the LNIB ZOHT AND JOEYASKA RESERVES as well as our TRADITIONAL TERRITORY—a spill could impact LNIB traditional lands and resources
  • NOISE, INDUSTRIAL TRAFFIC, and an influx of workers to construct the second pipeline—these impacts would have to be managed

Beyond our territory

  • Approval of the project will mean:
    • Increased oil sands greenhouse gas production
    • Significantly increased revenue for Canada and Industry
    • Increased tanker traffic along the sensitive Pacific Coast
    • A new 25-30 km hydro transmission line in LNIB territory to provide power to the pipeline

Lower Nicola Indian Band and a potential Agreement with Kinder Morgan

LNIB Chief and Council have been clear with Kinder Morgan and with all levels of Canadian government: WE HAVE NOT YET MADE A DECISION TO SUPPORT THE POTENTIAL EXPANSION OF THE TRANS MOUNTAIN PIPELINE. We have serious concerns that need to be addressed. WE ARE IN TALKS WITH KINDER MORGAN about what would need to be included in an Agreement to address and compensate for these concerns.

NO FINAL DECISION WILL BE MADE BY CHIEF AND COUNCIL WITHOUT LISTENING TO OUR PEOPLE.

Our negotiations team has been working hard to ensure the needs of our community can be met. We are making progress meeting these needs, but are still a long way from any final Agreement.

UPDATE JULY 2015 - Negotiations update

Discussions with Kinder Morgan and government are focused on insisting on key issues, to ensure that:

  • ENVIRONMENTAL PROTECTION
    • Strong evidence of PIPELINE SAFETY PLANS, pipeline integrity and related security issues
    • An ENVIRONMENTAL STEWARDSHIP TRUST to fund a strong environmental initiative to benefit LNIB, and other First Nations
  • COMPENSATION
    • SIGNIFICANT ANNUAL PAYMENTS for the life of the pipeline
    • An UP-FRONT PAYMENT large enough to help LNIB address some immediate concerns
  • CONTRACTING AND EMPLOYMENT
    • A commitment to direct award CONTRACTS FOR BAND-OWNED AND BAND MEMBER-OWNED COMPANIES, along with TRAINING TO ASSIST THE COMPANIES AND INDIVIDUALS to secure contracts
    • Insistence that Kinder Morgan work with LNIB and governments to create ONGOING COMMUNITY TRAINING AND EMPLOYMENT INITIATIVES to make sure there are long-term benefits and opportunities after the initial pipeline construction
    • An EMERGENCY RESPONSE CENTRE RUN BY LOWER NICOLA ITSELF, to ensure we play an important role as stewards of our territory

Keeping you up to date

LNIB leadership and the negotiations team want to keep members up to date on our talks with Kinder Morgan. Here are some important details from recent weeks.

We have reminded Kinder Morgan that LNIB CANNOT SUPPORT THE PROJECT AT ALL UNLESS ENVIRONMENTAL AND SOCIAL ISSUES ARE PROPERLY ADDRESSED.

Kinder Morgan has suggested that they may be prepared to:

  • award major contracts to member-owned companies with the ability to complete the work;
  • put in place a preferential hiring policy for members;
  • commit to annual payments to the Band;
  • put in place up front payments;
  • agree to an Emergency Response Centre on LNIB lands;
  • discuss an Environmental Stewardship Trust; and
  • agree to ongoing training for members

We have also organized separate sessions for Band members and Band member-owned companies to talk about contracting opportunities and will continue that process in the weeks ahead.

UPDATE JULY 2015 - NATIONAL ENERGY BOARD

The National Energy Board (NEB) is the federal government’s agency responsible for reviewing and approving Kinder Morgan’s proposed project expansion. The NEB is expected to complete its review in the fall, and make its recommendations to government near the end of the year. The federal government will then decide whether or not to approve the project in early 2016.

Last year, LNIB Chief and Council, Elders and our technical team all made strong presentations to the NEB for LNIB. They have also raised our interests and concerns with the federal and BC governments.

WHAT NEXT?

We will continue to make sure any Agreement would provide safeguards for our land, and to make the most of any benefits available. We will update members as we go.

Talks with Kinder Morgan will carry on over the coming months. We will keep members updated through things like regular meetings, social media, and mail-outs.

If you have not recently received any band information, make sure your contact information is up-to-date by emailing communications@lnib.net.

We want to hear members’ feedback and will answer questions as much as possible. Send your thoughts or questions to askus@lnib.net or join the conversation on the LNIB Facebook page!